Western Railway - Indian Railway

Tender No.
S&T/BRC/12-13/03 (Signal)
DOWN LOADED FROM INTERNET
Extension of time on Railway account:
(a) In the event of any failure or delay by the Railway to hand over site /
signalling plans to the contractor necessary for the execution of the works or
to provide the necessary drawings or instructions or any other delay caused
by the Railway due to any other cause whatsoever, then such failure or delay
shall in no way affect or vitiate the contract or alter the character or entitle the
contractor to damage or compensation thereof but in any such case, the
Railway may grant such extension of the completion date as may be
considered reasonable.
(b) If the progress of the work be delayed at any time in the progress of the work
by any act of neglect of the Railway‘s employee or by any other contractor
employed by the Railway or by strike, lockouts, fire, unusual delay in
transportation, unavoidable casualties or any cause beyond the contractor‘s
control, or any delay authorized by the Railway Engineer, the time of
completion of the work may be extended for such reasonable time as the
Railway administration may decide.
Liquidated Damages & Railway‟s rights:
The time for completion of the work by the date or extended date fixed for
completion shall be deemed to be the essence of the contract and if the
contractor shall fail to complete the work within the time prescribed, action
will be taken as per Clause 17-B of GCC. If the Railway is not satisfied that
the work can be completed by the contractor to within the further extension of
time allowed as aforesaid, the Railway shall be entitled without prejudice to
award any other contract under Clause 62 of General Conditions of the
contract whether or not actual damage is caused by such default.
4.42 DETERMINATION OF CONTRACT
The Contractor shall execute the work with due diligence and expedition, keeping
to the approved time schedule. Should he refuse or neglect to comply with any
reasonable order given to him in writing by the Purchaser‘s Engineers in
connection with the work lags persistently behind the time schedule due to his
neglect, the Railway shall at liberty to give seven days notice in writing to the
Contractor requiring him to make good the neglect or contravention complained
of and should the contractor fail to comply with the requisitions made in the
notice within seven days from the receipt thereof, it shall be lawful for the
purchaser to take action as per clause 62 of GCC and to take the work wholly or
in part out of the Contractor‘s hands without any further reference and get the
work or any part thereof, as the case may be, completed by other agencies at
the expense of the contractor without prejudice to any other right or remedy of
the Purchaser.
4.42.1 LOSS SUSTAINED DUE TO DEFAULT AND DELAY
In the event of any loss to the Railways on account of execution and/or delay in
completion of the work or any part thereof by agencies other than the contractor,
the contractor shall be liable to reimburse the loss to Railways without prejudice
to the other rights and remedies of the purchaser, and the reimbursement in full
or in part as the case may be, shall be met, at the option of the Railways from out
of all or any of the following sources viz:
For Sr. Divisional Signal & Telecom Engineer Page 42 of 68 Signature of Tenderer & Seal
For and on behalf of President of India